The Trial of Charles John Count Con∣ningsmark; Christopher Vratz Cap∣tain, John Stern Lieutenant, and Charles George Borosky, alias Boratzi, before the Lord Chief Justice Pemberton; At the Old-Baily, on Tuesday, February the 28th, 1681.

THE Prisoners then and there appearing, were Arraigned for the barbarous Murder of Thomas Thynn Esq: And being Foreigners, Mr. Vandore, and Sir Nathaniel Johnson were sworn Interpreters. They pleaded Not Guilty; and desired their Jury might consist of half Fo∣reigners; which was granted. And the Count desired his Trial might be put off a day or two, and that he might be tried by himself; neither of Page  256which were granted. Then after some Chal∣lenges on both sides, the Jury sworn were,

• Sir William Roberts Bar.
• Moses Charas Gent.
• Richard Pagett Esq
• Charles Beelow Gent.
• George Hocknal Esq
• Peter Vandenhagen Gent.
• Walter Moyle Esq
• Christopher Ripkey Gent.
• Thomas Henslow Esq
• Daniel Griggion Gent.
• John Haynes Esq
• John Lebarr Gent.

To whom the Indictment was read, and Mr. Keen, and Sir Francis Withens opened the same; and then William Cole deposed, That on Sunday, Feb. 12. about a quarter after Eight at Night, his Master, Thomas Thynn Esq was coming up St. James-Street, from the Countess of Northum∣berland's; and he was walking with a Flambeau in his Hand before the Coach, and coming along, at the lower end of St. Albans-Street, he heard the Blunderbuss go off; and turning his Face back, saw a great Smoke, and heard his Master cry out he was murdered; and saw three Horse∣men riding away on the right side of the Coach, whom he pursued, and cried out Murder: He ran to the upper end of the Hay-Market, till he was quite spent; and then turning back again, his Master was got into the House, whom he un∣derstood was wounded. One of the Men was upon a little Bay Horse.

William Ellers deposed, That then and there, he coming with his Master from the Lady Nor∣thumberland's, there came three Men riding by the right side of the Coach; and as they rid, one of them turned about, and said, Stop you Page  257Dog; And just as he looked about, the Fire was let into the Coach upon his Master, and the Men ran away as fast as they could; and that he could not know any of their Faces.

Mr. Hobbs the Chirurgeon deposed, That he was with Mr. Thynn, about nine or ten a Clock that Night he was wounded, and found him shot with four Bullets, which entred into his Body, tore his Guts, and wounded his Liver, and Sto∣mach, and Gall, and broke one of his Ribs, and wounded the great Bone below; of which Wounds he died, and believed there as never a Wound but was Mortal. He shewed the Court the four Bullets, two of which he thought might be Iron; one he found in the Stomach, one be∣tween the Ribs and the Skin, and two were lodged in the Back-bone.

Then Mr. White the Coroner deposed, That on Feb. 13. he sat upon the Body, and found four Holes on the right Side, behind his short Ribbs, as if made with Bullets; and he gave order to open the Body, and saw Mr. Hobbs take out the four Bullets.

Boresky being then told what was said, replied, That he fired the Blunderbuss, but did not know how many Bullets there were, because he did not charge it, but he could tell who did: But the Ld. Ch. Justice said, that would not be ma∣terial, because his Evidence could charge no Bo∣dy but himself.

Then Mr. Bridgman, and Sir John Reresby de∣posed, That Borosky, Vratz, and Stern, were examined by them: and proffer'd to read their Examinations, but the Ld. Ch. Justice would not Page  258suffer it, because their Evidence could charge no Body but themselves; and he would not let the Jury be possess'd by that which is not Evi∣dence. And therefore they were only suffer'd to help their Memories by the Examinations, and to mention only what they had confessed as to themselves. Therefore they said that Borosky then confessed, that he came into England at the desire of Count Conningsmark, [But here the Ld. Ch. Justice interrupted again the Evidence, and bid Mr. Bridgman only relate his Confession as to himself; which was] That he fired the Musquetoon by the Captain's Order, who had before bid him to fire as soon as ever he stopped the Coach. Capt. Vratz confessed that he came with a Design to fight Mr. Thynn, having sent him Challenges by Post from Holland, for speak∣ing ill of Count Conningsmark, who was his Friend, and of himself, at Richmond; and that he could never receive Satisfaction, and there∣fore he came to force him to fight; and took the other two with him, as his Servants, Mr. Thynn being a Gentleman that had always a great many Servants about him to carry-him off, in case he should be knock'd on the Head, or be hindred from escaping, resolving to make a Ren∣counter of it, because Duels he understood were forbid in England. Owning that he did stop the Coach, but that the Polonian fired by mistake, he not bidding him fire, unless he should be hindred from fighting, or making his escape. That Lieutenant Stern confessed, that Captain Vratz told him he had a Quarrel with an Eng∣lish Gentleman; and that if he would assist him Page  259in it, he would make his Fortune, and gave him Mony to buy the Blunderbuss; and he went out with the Captain and Polander on Horse-back, about five or six a Clock on Sunday; and when they were got into the Pall-mall, he heard the Captain say to the Coachman, Stop; and turn∣ing immediately, being then nine or ten Yards before the Coach, he saw the Shot go off, and they riding away, he followed them. And that before the Polander came over, the Captain de∣sired him to get an Italian to stab a Man.

Then Mr. Frederick Hanson (Governour to Count Conningsmark's younger Brother in his Travels) deposed, That he saw the Count at the Post-house, when he arrived, which was about a Month since; his first Lodgings he took in the Hay-Market, where he was about a week incog∣into, by the Name of Carlo Cusk; thence re∣moved to another Lodging, though but for a few Days because the Chimney smoked; and thence he removed into St. Martin's Lane, where he saw him, and particularly that Night Mr. Thynn was kill'd, where his Physician was with him, and Capt. Vratz, who came into England with the Count. Then being ask'd about the Message he carried from the Count to the Swedish Resident; he very difficultly and shufflingly (tho he was shewed his Examination before the Council) acknowledg'd that the Count had dis∣cours'd to him about calling Mr. Thynne to Ac∣count, and what the Laws of England would be in case he did; and desired Monsieur Lienberg's Opinion concerning it, and especially in relation to the Lady Ogle. That the Polander was Page  260brought to him on the Friday, and the next Morning he brought him to the Count's Lodg∣ings, and as employed to buy a Coat and Sword for him; which he did. That the next Evening, being Sunday, coming from White-hall, he call'd of the Count, and told him the News of Mr. Thynne's Murder, and that the Count asked him, what the People said? he said the King was heartily sorry, and angry at it.

Then John Wright deposed, That the Po∣lander came into England the 10th day of this Month, and he brought him the same day to young Count Conningsmark's Lodging, at Faubert's Academy, to Mr. Hanson, who after half an hours Discourse with the Polander, desired him to take him back with him again, and bring him betimes to him again the next morning, be∣cause he must dispatch him about his Business. He did accordingly, and the Polander carried with him his Sea-bed, a Portmantle, and a Gun with a Wheel-lock, and some other things, and went to an Ale-house hard by the Academy, and the Polander stepping out, fetch'd Mr. Hanson, who paying him for his trouble, he never saw them afterwards.

Then Dr. Frederick Harder deposed, That when the Count came first to Town, he sent for him by Capt. Vratz; that he found the Count then indispos'd, and willing therefore to lie incognito that he might take Physick, which he administer'd to him. That on the Satur∣day he brought the Polander to the Count's Lodgings to Capt. Vratz, and at the same time shew'd the Count a Letter from Capt. Vratz, Page  261which he said was only that he should come and speak with the Count: That on Sunday night, about 9 a Clock, he was with the Count again, and Mr. Hanson was there, and Captain Vratz for a little while, but that they knew nothing of the Murder then.

Thomas Howgood deposed, That he sold the Sword on the Saturday to Mr. Hanson.

Mr. Robert French deposed, That the Count lodged at his House 3 or 4 days in the Hay∣market, where the Doctor and the Captain came oft to him, but he did not then know who he was.

Ann Prince (Mr. French's Maid) deposed, That the Count lodged from Friday to Wednes∣day at her Masters, and that Capt. Vratz used to lodg there too.

Francis Watts, a Boy of about 15 Years old, deposed, That he was hired to wait upon the Count, and was with him eleven days: That he saw the Polander with his Master on the Saturday, and dined there with the Servants, and lodged that Night in the Garret; That on the Sunday Morning Mr. Hanson sent a Sword, which was given to the Polander. That the Count ask'd him that morning, if it were suffered for any to ride about the Streets on Sundays; That on Sunday morning the Polander went away with this Sword, a new Coat and Boots under his Arm, and the Doctor with him (who being called again, said he could not remember whe∣ther it was Saturday or Sunday Morning that he fetch'd away the Pole from the Count's); That on Monday morning, the Boy told the Count Page  262one of the Murderers was taken; after which, a Stranger came in, and he never saw his Master afterwards.

Thomas Watts (the Boy's Father) deposed, That on Monday Morning the Count's Man de∣liver'd to him 2 Portmanteau's to carry to Charing-Cross, where they were put into a Coach; he telling him, they were going for Windsor, but that he did not see the Count that morning.

Derick Raynes, a Swede, deposed, That the Count lodged at his House in Rotherith from Monday till Thursday, when he went down the River for Graves-end; and borrow'd some Clothes of him, and said, he was afraid of coming into Trouble.

Richard Chappel deposed, That he rowed the Count in a Sculler, on Thursday to Deptford; whither Raynes went with him; and thence the next day to Greenwich, and then to Greenhithe, and the next day to Graves-end; for which he was to have 5 s. every 24 Hours; the Count telling him he was a Merchant, and had bought Jewels.

Then Mr. Kid, deposed, how he and Mr. Gibbons, upon information where the Count was, went on Saturday to Raynes, and thence to Graves-end, where they got on Sunday Night, and took the Count just as he landed, and his Cap and Perriwig then fell off; He owned his Name, and as they brought him up the Water, and discoursing about Mr. Thynne's Murder, saying, That he had seen the Murderers in New∣gate: The Count asked him, what Lodgings there Page  263were in Newgate, as if the Captain had a good Lodging; and confessed any thing? That he told him, the Captain confessed some Particu∣lars; but that the Polander had confessed, and wept mightily; Whereupon the Count seemed much concern'd, and his Countenance altered, and desired to lie down.

Then Mr. Gibbons deposed, That when they had apprehended the Count, they carried him to the Mayor's, and thence to an Inn for 2 or 3 hours; and there the Count asked him his Name; be∣cause, he said, he would come and give him Thanks after his Trouble was over; he owned his Name Gibbons, and that he belonged to the Duke of Monmouth. Said he, the Duke of Monmouth hath no Command now, and there∣fore how could he take him by his Order? He said, he did not come upon his Command, but he had killed a very good Friend of his, and a Country-Man, and if Providence had not or∣dered it otherwise, he had killed a more par∣ticular Friend of mine, and a Master, whom he had served many Years. He said, he did not think they would have done the D. of Monmouth any Injury: After which walking up and down, he said, 'Twas a stain upon his Blood, but one good Action in the Wars, or Lodging upon a Counterscrap will wash away all that.—Then he asking what the People said, he told him, the Captain had made a Confession, (though it was a thing he did not then know) the Count said he did not believe the Captain would confess any thing.

To all this, the Count, by his Interpreter, Page  264Sir Nathaniel Johnson, reply'd, That he came into England with a design to have got a Re∣giment, and serv'd England against France, hearing of an Alliance to be between England, Holland and Sweedland against France. That he lay incognito, because he was broke out in Spots on his Arms and Breast, and designed to take Physick, and avoid drinking of Wine, and his Equipage was not come to him till after. That he removed his Lodgings, the first, because it was too cold for him, and the second, because of a smoaking Chimney. That he sent for the Polander over to dress his Horses after the Ger∣man way, which he came to buy, and had re∣turn'd 1000 Pistols for that end, and had bought one Horse; (which the Count's Brother testified)▪ That had it not been for the stormy Weather, the Polander had arrived sooner, he having writ for him 4 Months ago. That he had no Quarrel with Mr. Thynn; nor, to the best of his knowledg, ever saw him. That it was strange he should ask a Scullion-boy, whe∣ther People might ride on Sundays, when he himself over and over again has rid upon Sun∣days to Hide-Park (which was testified by Major Oglethorp, and divers other Gentlemen); That Capt. Vratz visited him on Sunday, only be∣cause he was sick. That he gave the Polander to the Captain, because he should have no use for him himself; bought him Clothes, and a Sword, because he wanted them. That he absconded, because one, Markham, his Taylor, told him he heard him named, as concern'd in the Mur∣der, and that if the Common People should Page  265catch him, they would tear him to pieces, and so his Friends did counsel him to withdraw. That he heard the People say, the Murderers follow'd Mr. Thynn's Coach, but would not shoot till the Duke of Monmouth was gone out. That he spoke of his Apprehension and Im∣prisonment, as being a stain to his Blood. And then the Count speaking something of the Re∣pute of his own Family, and Zeal for the Pro∣testant Religion, and Love for the English, &c.

Sir Francis Winnington summ'd up the Evidence [whereat the People made a great shout, but were rebuked for it by the Court] Mr. Williams did also the like; and then the Ld. Ch. Justice gave the Charge; and the Jury withdrew, and the Court Adjourned for half an hour, and then sent for the Jury, who brought in Borosky, Vratz and Stern, Guilty, and the County Not Guilty.

Who being dismiss'd, Mr. Recorder sentenc'd the other 3 to be hang'd; Who were according∣ly Executed in the Pall-Mall, on Friday, Mar. 10 following, and Borosky was afterwards hung up in Chains, a little beyond Mile-End, by his Majesty's Command.